20031342 Ver 1_401 Application_20031015

M G MAC~C GAY ASSOCIATES, P.A.
A Consulting Engineers & Surveyors
-~'~1~4
2
October 8, 2003
~~
In regazds to: South Park Village Subdivision, Rocky Mount, N.C.
Bob Zarzecki
NC DENR/Division of Water Quality,
Wetlands Unit, WETLANDS/401 GROUP
1650 Mail Service Center,
Raleigh, NC 27699-1650 OCT Y 5 2003
Attention: Bob Zazzecki WATER QUALITY SECTION
Deaz Mr. Zazzecki,
Subject: Determination of No Practical Alternatives
I am a Professional Land Surveyor employed by MACK GAY ASSOCIATES, P.A.
and am currently trying to design the storm drainage system for the subdivision as
shown on the enclosed map. Due to the FLAT topography on the southern side of
the existing stream channel, it will be impossible to drain this side of the subdivision
with conventional drainage methods such as level spreaders to defuse the flow
before it reaches the Taz-Pam Buffer. In a conversation with Danny Smith of your
office he informed me of a provision in the DWQ rules that will allow us to design
an extended wet water quality pond and drain it to the bottom of the channel by a
pipe from the pond to the channel through the buffer. The rule Mr. Smith quoted is
15.A.NCAC 02 B. 0259 (8), Determination of No Practical Alternatives. The
existing channel is only 2.5' - 3' deep with heavy brush. The site itself has a slope
of approximately 0.3% - 0.5% which will not allow us to design a storm system we
can drain without employing the wet pond and pipe outlet as shown on the enclosed
map. As you will note on the map there will be two azeas of impact. The first will be
the road crossing. We propose to cross the channel with a road and utilize twin 30"
re-enforced concrete pipes with concrete headwall not to exceed the 40' right of
way. There will be stone rip-rap inlet and outlet protection on the upstream and
downstream sides of the channel crossing. Second, we will construct an extended
water quality pond with an outlet pipe that encroaches into the buffer to drain the
pond to the channel as shown on the plan. There is simply no other way to drain this
site and therefore we formally ask for your approval for this plan of design. If
approved, we will employ Best Management Practice to design the pond and outlet
structures required and provide you with a full set of plans to review when the
design is complete.
Civil Engineering Surveying•• Land Planning •
1667 Woodruff Road • •Rocky Mount, North ~a~olina 27804• •
[phone] Fax [phone]

t'
~~~
Office Use Only: Form Version February 2002
USACE Action ID No. DWQ No. .~_~ ~ ~_~
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
II.
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit
^ Section 10 Permit
^ 401 Water Quality Certification
XQ Riparian or Watershed Buffer Rules
WETLANDS 1401 GROUP
OCT 1 5 2003
WATER QUALITY S~ICTIO~iI
2. Nationwide, Regional. or General :Permit Number(s) Requested;
3. Tf this notification is solely a courtesy copy because written approval for tl~e 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCW1tP) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: ^
Applicant Information
C.7wner/Applicant Information
Name: E. Norman Davis
Mai]ing Address: P.O. Box 7635
Rocky Mount, NC 27804 _
1
Telephone Number: [phone]
I/-mail Address:
Son, Inc.
Fax Number: 252 442-0239
2. Agent Information (A signed and dated copy of the Agent Authorize°:ion letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: _
Company AfFliation: _
Mailing Address: _
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of t2

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed. site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soi] Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch forn7at;
however, DWQ play accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small. scale such that the final version is illegible, the applicant wild. be informed that
the project has been placed on hold until decipherable maps are provided.
I . Name of project: South Park Village -Section 4
2. T.LP. Project Number or State Project Number (NCDOT Only): _
3. Property Identification Number (Tax FIN); 3758.05-08-3713
4. Location
County: Nash Nearest Town: Rocky Mount
Subdivision name {include phase/]ot number}: Section 4 -South Park Village
Directions to site (include road numbers, landmarks, etc.}: Turn right off NC 97 to
Kinchen Dr., Turn right onto Gary St., Turn Left onto Amos St., Turn right onto South
Park Village Drive.
5. Site coordinates, if available {UTM or Lat/Long): _
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Land is vacant. Grassed Pasture. Existing Channel) crosses middle of site.
Undeveloped. _
Property size (acres):
17.15 Acres
8. Nearest body of water (stream/river/sound/ocean/take): Tar River
River Basin: Tar-Pam
(Note -this must be one of North Carolina's seventeen designated majo:y river basins. The
River Basin map is available at http;//h2o.enr.state.nc,us/admin/maps/.)
Page 6 of 12

10. Describe the purpose of the proposed work: Residential Subdivision
11. List the type of equipment to be used to construct the project: _
Typical Land /Earth moving equipment.
12. Describe the land use in the vicinity of this project: Residential on West, North and East
Undeveloped on South.
IV. Prior Project History
If jurisdictional determinations andJar permits have been requested and/c~~ obtained for this
project. {including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, attd date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wwetland, stream and
buffer impacts, along with associated mitigation {where applicable}. If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules.
No prior history. _
V. Future Project Pions
Are any future permit requests anticipated far this project? If so, describe th;, anticipated work,
and. provide justification for the exclusion of this work from the current application.
None
VI. Proposed Impacts to Waters of t>l~e United StateslWaters of the State
It is the applicant's {or agent's} responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. <<~etland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach. a separate sheet.
Page ? of 12

Provide a brief written description of the proposed impacts:~,,~ ~ ~_~
1) Stream crossing for proposed road. -
2) Stream Buffer encroachment for Wet Pond Pipe Outlet.
2. Individually list wetland impacts below: None
Wetland Impact
Site Number
(indicate on rna
Type of Impact* .Area of
Impact
acres} Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet
'Cype of Wetland***

* Kist each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditchingJdrainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Ceter at 1-8OU-358-9616, or
online at h_Ptt a/www.fema.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwaterlsaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.}
List the total acreage (estimated} of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Im act Peretirtial or
Intermittent`?
leases ecif
1 Culverts g3' UT- Tar River 18' Intermittent
2 Pipe Outlet 20' UT -Tar River 18' Intermittent

_.
* List each impact separately and identify temporary impacts. Impacts the u e, ut are not smite to: cu ver[s an associate rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stablization activities (cement wall, rip-rap, crib wall, gabions, eta), excavation, ditching(straightening, etc. If stream. relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Strcam names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamc+l tributary} to the nearest
downstream named stream into which. it flows. USGS maps are available through the USGS at I-80t1-358-9616, or online at
www.uses.~ov. Several Internet sites also allow direct download and printing of USGS maps (e. g., www.topozone.com,
R~Ww.171a~lleSt.CQm, OtC.}.
Cumulative impacts {linear distance in feet) to all streams on site: 83'
Page 8 of 12

4. Individually list all. open water impacts {including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: None
Open Water Impact

Site Number
(indicate on ma }
*
Type ofIrnpact Area of

Impact
(acres)
Name of Waterbody

Cif applicable) Tirpe of Waterbody

(lake, pond, estuary, sound,
ha ,ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dred~ng,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland. and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application..
Pond to be created in (check all that apply): ©uplands ^ stream ^ wetlands
Describe the method of construction {e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, ae;~thetc, trout pond,
local stonnwater requirement, etc.}: Local storm water retention requirement
Size of watershed draining to pond:11.3 Acre Expected. pond surface area: 5202sq. ft.
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed dtuing construction to reduce impacts.
See Attached Letter
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one; acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total in_pacts to perennial
streams.
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2aaa, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be cansidered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and n~.aintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must lie attached in order
far USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines fer stream restoration
in DWQ's Draft Technical Guide far Stream Work in North Carolina, available at
h ttp : //h2 0 . enr. state . uc . us/ncwetl a11d s/s trmg i de. htm 1.
1. Provide a brief description. of the proposed mitigation plan. The description should provide
as much. information as possible, including, but nat. limited to: site location (attach directions
and/or map, if offsite), affected stream and. river basin, type and amount (;acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and. a
description of the current site conditions and proposed method of constntction. Please attach.
a separate sheet if more space is needed.
NOT REQUIRED
2. Mitigation may also be made by payment into the North Carolina W~:~tlands Restoration
Program (NCWRP} with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into thc; NCWRP must be
reviewed and approved before i can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional nforn~ation regarding the application
process for the NCWRP, check the NCWRP website at http:Ilh2o,enr.state.n~~.us/wrp/index.htrn. If
use of the NCWRP is proposed, please check the appropriate box on gage: three and provide
the following information:
Amount of stream mitigation requested {linear feet): _
Amount of buffer mitigation requested (square feet}: _
Amount of Riparian wetland mitigation requested (acres): _
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): _
Page 10 of l2

IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public {federaUstate} fiords o~ the use of public
(federal/state} ]and?
Yes ^ No Q
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's} responsibility to determine, delineate and tnap all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VIII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers rrtust be shown. on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify _ )?
Yes ® No ^ If you answered "yes", provide the fo1lo~Ning information.:
Identify the square feet and acreage of impact to each zone of the riparian buffers. I_f buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(s uare feet MuItiptier Required
Miti anon
1 4077 ~ N/A _
2 2061 1•$ N/A _
Totat 6138 N/A
* Zone 1 extends out 3C} feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone i .
Aage t 1 of 12

If buffer mitigation is required, please discuss what type of mitigation is proprosed (i.e., Donation.
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund}. Please attach all appropriate information as
identified within 1 SA NCAC 2B .0242 or .0260.
Xl. Stormwater {DWQ Only}
Describe impervious acreage (both existing anal proposed} versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
(1.24 Ac Impervious) / 11.30 Ac (South Side of Channel) X 100 = 11% Impervious.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge} of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is t1~s site i~a violation of DWQ Wetland Rules {15A NCAC 2H .0500) or an;}' Buffer Rules'?
Yes ^ No Q
Is this an after-the-fact permit application?
Yes [~ No
XIV. Other Circumstances {Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However., an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~,,,; ~o -/o- o,~
ApplcantlAgent's Signature Date
{Agent`s signature is valid only if an authorization letter from the applicant is provided.}
Page 12 of 12

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October 8, 2003
M G P~I~-CK GAY ASSOCIATES, P.A. i~ ' ~' ~~
A Consulting Engineers & Surveyors
In order to get this subdivision designed and completed by the November filing
deadline of the City of Rocky Mount, I need this matter resolved as soon as possible
and your help will be greatly appreciated. If you have any questions or would like to
set up a meeting please give me a call or send an e-mail ([e-mail]).
Sincerely,

STEVEN L. BUIE, PLS
Enclosures (2)
slb
Civil Engineering Surveying Land Planning
1667 Woodruff Road Rocky Mount, North Carolina 27804
[phone] Fax [phone]